Bail; SB10

Bail; SB10

RC Phillips, DDA, Ret.
October, 2021

On August 28, 2018, Governor Brown signed SB 10, which repeals California’s existing cash bail system and replaces it with a new law that assesses the risk level of the individual in order to determine whether that person will be released with conditions or detained.  The risk to public safety and the risk of failure to appear are at issue.

The law goes into effect on October 1, 2019.  In the interim, the California Judicial Council has numerous tasks to complete regarding the implementation of the pretrial risk assessment used to make pretrial release and detention decisions (including training of judges on using it.)  Superior courts in this period must, among other things, establish pretrial assessment services. 

The new law adds provisions to the Penal Code.  For purposes of this early review, P&A will use the term “new law.”  Below is an overview of some of the features of the new law.  P&A will revisit the topic again when the new law goes into effect.[1] 

A.  Pretrial Assessment Services

     1.  Each superior court must have an entity, division or program referred to a “Pretrial Assessment Services” that will assess the risk level of persons detained for a crime and to make recommendations for conditions of release for those persons pending adjudication of the crime.

     2.  “Risk” refers to the likelihood that a person will not appear in court as required or the likelihood that a person will commit a new crime if the person is released before the adjudication of the current offense.  Risk levels are categorized as low, medium and high.

3.  Prior to arraignment, the Pretrial Assessment Services shall obtain the following ....

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